Articles by Topic - Law Firm Wessels Sherman Joerg Liszka Laverty Seneczko P.C. Attorneys St. Charles, Illinois

Employment and Labor Law Articles

Wessels Sherman is pleased to provide a wide variety of articles relating to our legal practice areas. To request additional information, please contact Tammy Nelson in our St. Charles office by calling (630) 377-1554.

To talk about a related legal issue with a skilled lawyer at one of our offices in Illinois, Wisconsin, Minnesota or Iowa, please contact us online.

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Human Resources

	A 401(k) Plan fiduciarys Nightmare---U.S. supreme Court Opens the Litigation Flood Gate with Employee Retirement Benefit Plans
	Accessing Employees' Social Network Sites - Are You My "Friend?"
	Are Employers Required To Provide Paid Sick Leave?
	Class Action Lawsuits Over 401(K) Plan Administration Continue to Gain Traction
	COBRA Subsidy Extended Through March 2010
	Congress Extends the 65% Premium Assistance Subsidy
	Do Illinois Employers Have to Give Notice to Employees When They Fire Them?
	Emergency Unemployment Insurance Issues for Illinois Employers
	Employee Handbooks: Delete Unnecessary Promises!
	Employers: Time To Get Up To Par With Mental Health Parity
	Employer Rights In Disciplining Employees During FMLA Leave
	Employment At Will In Iowa, Or Is It?
	H1N1 From an Insider's Perspective
	H1N1 Legislation - Employers May "Cough Up" (Pardon the Pun) More Dough for Sick Employees
	How Employers Can Avoid Overtime Problems and Other Wage and Hour Concerns
	How to Conduct a Sexual Harassment/Discrimination Internal Investigation
	HR audits: An Ounce of Prevention
	Illinois Employers and Their Chains of Command
	Illinois General Assembly Looks to Expand the Victims' Economic Security and Safety Act (VESSA)
	IOWA - Employment At Will
	Is WS Endorsed On Your Epli Or D/O Insurance Policy?
	Is Your Company Inadvertently Extending FMLA Rights? It Could Cost You!
	Lessons Learned: Effective Documentation
	Lessons Learned: The Other Side of the Story
	Letters from the Illinois Department of Employment Security (IDES)
	Minnesota COBRA Changes and Federal COBRA Subsidy Update
	Minnseota Tipped Wages Takes Center Stage in Gubernatorial Race
	New COBRA Subsidy - Top Ten Most Frequently Asked Questions
	New Record Keeping Policies Now a Business Imperative
	Not All Harassment Complaint Procedures Are Acceptable
	Recent Court Decision Renders Thousands of Minnesota Vacation And Other Benefit Policies Unlawful And, Therefore, Unenforceable

	Recent Developments in Iowa
	Relief For Employers Offering Retiree Health Benefits
	Road Map for Health Care Plans
	School's Out Soon -- Read This Before Hiring Teen Workers
	Severance Agreements Releasing Claims in Minnesota Continue to be Under Attack in the Courts
	Textual Harassment: The New Smoking Gun
	The Importance of the Human Resources Audit
	The Question of Mandatory Direct Deposit
	Tough Choices: Cutting Labor Costs Do's and Don'ts
	Why Can't I Take Money From A Careless Employee's Paycheck in Illinois?!
	Wisconsin Legislature Seeks to Regulate Employer Monitoring of Employee Email

Government Regulations

	2009 Iowa Legislature Comes To A Close
	Are You Incorrectly Paying Your Employees? If So It Could Cost You Your Business
	Are Your Local Truck Drivers Exempt From the Overtime Requirements Under the Fair Labor Standards Act?
	Compensatory and Punitive Damages Now Recoverable Under WFEA
	Court Finds No Right to Jury Trial Under WFMLA
	Court Tosses Milwaukee Sick Leave Ordinance
	Court Upholds OSHA's "Controlling Employer" Citation Policy
	Department of Labor Expands the Family and Medical Leave Act (FMLA) For Non Traditional Families
	Don't Get Sacked By Minnesota's Drug Testing Law
	Election '08: What "Change" May Actually Mean to Employers
	Employee Misclassification Prevention Act
	Employer Government Benefit ????
	Employment Law: To Notice Or Not To Notice (WARN)
	Fair Labor Standards Act (FLSA) - Paying Your Employees
	Federal Minimum Wage Increase 6-07
	Final Family Medical Leave Act Regulations
	FMLA Amended... Again
	FMLA Leave Expanded For Military Families
	GINA: First Federal Civil Rights Law of the 21st Century
	GINA is Here - Are Your Policies Up To Date?
	Hot Topic: New Amendments to the ADA - Effective January 1, 2009
	Illinois Employers Beware: Prevailing Wage Act Expanded
	Illinois Introduces Bill to Create a New Cause of Action for Employees Subjected to an "Abusive Work Environment"
	Iowa Employers Need To Be Vigilant Regarding Equal Pay Issues
	Iowa Fair Pay Law Effective July 1, 2009
	Iowa House Passes File #681, Which Could Establish an Iowa WARN Act
	Labor Related Executive Orders Issued by President Obama Implemented in May 2010
	Liability For Harassment Under Illinois Law More Expansive Than Federal Law
	LIRC Limits Award of Front Pay Under Wisconsin Fair Employment Act to Claims for Retaliation
	Minnesota Department of Human Rights Must Keep Information Confidential
	Milwaukee Sick Leave Update
	Minnesota Amends Personnel File Law
	Model Illinois Biometric Policy Now Available
	Model Language for Service Member Supplement to FMLA
	New Changes to the Illinois Prevailing Wage Act
	The New Iowa WARN Act
	Notice Requirements Strengthened Under the Illinois Prevailing Wage Act
	Obama Appoints Two Democratic Nominees To NLRB, Leaves GOP Nominee Behind
	Occupational Safety and Health Administration at Work
	OSHA Issues Final Rule on Employer Payment for Personal Protective Equipment
	President Obama Designates Wilma B. Liebman To Be the Chairman Of The NLRB
	President Obama's Economic Bailout for the Trial Lawyers: The "Lilly Ledbetter Fair Pay Act" Breathes New Life Into Dead Claims

	Proposed Legislation Creates Additional Concerns for Wisconsin Employers
	Proposed Notice Regarding Rights of Employees Under the NLRA
	Public Sector Employers
	Reminder To "Small" Illinois Employers: VESSA Now Applies To Your Company
	Right to Work States
	Supreme Court Skirts Text Message Privacy
	The Recent Health Care Reform: What Employers Need to Know
	Wessels Sherman's Submission and Comments to the DOL Regarding the New Proposed Rule
	What's the Illinois Prevailing Wage Act?
	Will the Supreme Court Expand Retaliation Claims to Protect Employees Who "Associate" With Employees Who Have Engaged In Protected Activity?

	Wisconsin Court Exends Duty of Loyalty
	Wisconsin FMLA Expanded to Include "Domestic Partners"
	Wisconsin Legistlative Scorecard (June 2010)
	Wisconsin Legislative Update (April 2010)
	Wisconsin Update

Labor Union Matters

	Are You Ready For the Employee Free Choice Act?
	Collective Bargaining in an Era of Union Decline
	Construction Industry "Salting" Tactics
	Employee Free Choice Act Not Dead Yet!
	Employee Free Choice Act: Time for a Compromise?
	Evergreen Clause in Collective Bargaining Agreement Costs Employer More Green in Minnesota
	Gainsharing: Key to Better Employee Relations in Union and Non-Union Companies Alike
	Is Your Union Contract a Ticking Time Bomb?
	Minnesota Supreme Court Grants Unions Access to Private Company Payroll
	National Labor Relations Board Faux Pas
	Ratification: A Matter of Interpretation?
	U.S. Supreme Court Issues a Huge Blow To Labor Union Politics: Will Congress Respond By Bailing Out The Unions?
	White House Announces Three NLRB Nominations

Independent Contractor Matters

	Do You Need a Minnesota Independent Contractor Exemption Certificate? A Compliance Audit Can Limit Your Liability.
	Effective Independent Contractor Agreements
	Employer Alert: Keep Track of 30 Working Days for Illinois Unemployment Insurance Purposes
	Evaluating your Independent Contractor Agreement Under the Illinois Employee Classification Act
	Handling IDES Audits: Section 212(A), (B) and (C)
	IDES and IRS Audits: Why Does the Company Need to Prove Independent Contractor Status
	IDES Audits for Independent Contractor Truck Drivers
	IDES Audits of Independent Contractor Truck Owner/Operators under Section 212.1
	IDES Audits: Deciding How Much a Trucking Company Owes
	IDES Audits: Don't Handle an Illinois Department of Economic Security Audit Without Careful Planning!
	IDES Audits: Five Questions Companies Commonly Ask
	IDES Audits: If You Use Independent Contractors, Be Sure You Know All of the Powerful IDES Exemptions
	IDES Audits: How Employers Should Fill Out The Audit Questionnaire
	ILLINOIS EMPLOYEE CLASSIFICATION ACT: The Rules Have Been Finalized and Adopted
	Illinois Employers: Be Aware of Dangerous and Misleading New IDES Policy Concerning IDES Audits!
	Illinois Employment Classification Act 1/1/2008
	Illinois Prevailing Wage Work Could Lead to Illinois Employee Classification Act Audits
	IRS Plans Increased Independent Contractor Crackdown!
	IRS Targets Companies Using Independent Contractors
	Minnesota Trucking and Messenger/Courier Employers: Be Sure Your Know the New State Independent Contractor Criteria
	Ownership of the Truck is Extremely Important for Independent Contractor/Owner Operators in Illinois
	Protect Independent Contractor Status When You Fill Out the Paperwork for IDES Audits
	Section 212.1 and Payment of Workers' Compensation Premiums
	Six Questions and Answers Under the Illinois Employee Classification Act
	Strict Posting and Record Keeping Requirements Under the Illinois Employee Classification Act
	The Illinois Independent Contractor Law: The Illinois Employee Classification Act- Frequently Asked Questions and Answers
	The Proper Use of Independent Contractors
	Trucking Companies Should Exercise Caution When Setting Up Owner-Operator Escrow Programs
	Warning to Illinois Companies About Employee Classification Act: New Danger!
	What are the "Penalties" Under the Illinois Employee Classification Act
	What is "Construction" Under the Illinois Employee Classification Act
	Yes, the Illinois Employee Classification Act Complaints are Starting to Roll In

Discrimination/Wrongful Termination

	Another Anti-Employer Unemployment Ruling in Iowa
	Appellate Court Upholds Dismissal of ADA Claim By Plaintiff Who Became Ill From Cancer
	City's Inability To Accommodate An Employee's Disability Supported By Court
	Employees Have More Ways to Prove a Violation of the Minnesota Human Rights Act (MHRA)
	Employee Who Took Protected Military Leave Was Not Protected From Discipline for Misconduct Discovered While He Was Away
	In a Case of First Impression: Federal Court of Appeals Declares Infertile Woman Receiving In Vitro Fertilization Treatment Can Maintain Pregnancy Discrimination Lawsuit Against Employer
	Iowa Court Rules in Favor of Employer Refusing to Rehire/Reinstate Pregnant Employee
	Iowa Hotel Chain to Stand Trial in Sex Discrimination Case for Allegedly Shunning "Ellen DeGeneres Look" for its Front Desk Position
	Minnesota Court Questions Genuineness of Employers Reduction in Force
	Minnesota Courts Continue to Find Poorly Worded Severance Agreements Unenforceable
	Minnesota: No Discrimination Based On The Employee's Marital Status
	Sears, Roebuck To Pay $6.2 Million For Disability Bias
	Supreme Court Rules "Mixed Motive" Instruction Is Never Proper Under The ADEA: Will This Decision Prompt The Jack Gross Age Fairness Act?
	Supreme Court Ruling Allows Employers to Curtail Future Age Discrimination Litigation By Allowing Mandatory Arbitration Of Age Discrimination Claims
	Supreme Court Supports White Plaintiffs in Reverse Discrimination Suit
	Using Race to Deny Promotion Proves Problematic For Employer
	Wisconsin Court Rules Employer May Not Avoid Bonus Obligation by Terminating At-Will Employee

Unfair Competition Matters

	Illinois Appellate Court Ruling Makes It More Difficult For Employers to Enforce Non-Solicitation Agreements
	Minnesota Court Enforces Non-Compete Agreement Signed as a Condition of Promotion to Regional Sales Manager
	Recovery From Tough Economy Spurs Unfair Competition, Non-Compete and Employee Poaching Disputes in Minnesota
	Wisconsin Supreme Court Revisits Non-Compete Agreements

Unemployment/Workers Compensation Defense

	Controlling the High Cost of Worker's Comp.
	Demise of Denny Hecker Auto Dealership Impacts Unemployment Compensation Law Rulings in Minnesota
	Employer Alert: Keep Track of 30 Working Days for Illinois Unemployment Insurance Purposes
	Minnesota Court Finds Unexcused Absences Do Not Amount to Misconduct for Purposes of Unemployment Compensation
	Wisconsin Courts Address Unreasonable Refusal To Rehire
	Wisconsin Worker's Compensation Update
	Worker's Compensation and the ADA

Employee Immigration

	Auditor's Study Indicates that State Agencies and Contractors Are Not Fully Complying With Minnesota's E-Verify Requirements
	DHS Issues Final Rule Amending Electronic Storage Rules for Form I-9
	E-Verify in Illinois: The Legislature is Back in the Business
	Employment Based Immigration Matters
	Goodbye Social Security No-Match Regulations and Hello Unannounced Workplace Visits
	Handling Social Security No Match Letters
	IMMIGRATION UPDATE: Illinois' Attempt to Restrict Employers' Use Of The Federal E-Verify Program Is Blocked
	Immigration Update: Federal Judge Enjoins Government From Enforcing Its New Social Security No-Match Regulations
	Immigration Update: Four Breaking Developments
	Increased Worksite Enforcement for Immigration Violations Announced
	New H-1B Visa Applications To Be Filed April 1
	Social Security No Match, No More?
	Time to Prepare Those Visas!

Litigation Services

	Case Dismissed: Wessels Sherman Joerg Liszka Laverty Seneczko P.S. Secures Victory for Company in Sex Discrimination Lawsuit

	Double Victory in Nevada Case For WS Litigation Team
	WS Secures Another Harassment/Discrimination Victory
	WS Strengthens Relationship with the Illinois Chamber of Commerce